How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Dear Sirs . Thsi question relates to the Court Order for Child

Resolved Question:

Dear Sirs . Thsi question relates to the Court Order for Child passport renewakl without father's consent. Me and my son we live in the UK from 7 yrs. He possess EU passport which will expire Feb 2016. By the time of renewal my son will be nearly 14 years old. We have no contact with his father from the time we moved here, therefore we will need a Court Order for his passport renewal. Can you advice what form shall we apply with and where? Who shall I ask for an advice? Is it maybe better to apply for UK passport now rather than renew his Polsih one ? Butif so, then we still need court order ...

Thank you in advance

Regards
Agnes Debska
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Where and when was your son born and when did you first come to the UK? What have you been doing in the UK? What is your nationality?

Where is your son's father?
Customer: replied 3 years ago.


My son was born in Poland 17/08/2002. First time come to the was 06/05/2006. He started primary school in September 2006 when he was 4yrs old ( reception ) then he was in primary school . now he is in yr 7 in grammar school . I am also Polish working always in the UK ( not even 1 day without a work ) I am working as an accountant ( full time job ). My son's father lives in Poland but we have no cotactwith him at all. He pays £25 per month of his child mtnc money as per court order ( well someone is paying this moenty into my polish bank accounton his name so I auuming is him) but apart from that we do not have any contact with him.He signed my son's first passport which is due to expire Feb 2016. My son's has his fathers name( surname )

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

Have you spoken to the Polich Embassy about his passport and the signature issue?
Customer: replied 3 years ago.

 


Yes, they said they will accept court order but I have no idea what court order they did mean? Who shall I contact , what court , what form shall I use to apply for my son's passport renewal without father's consent. Even if we would like to apply for UK passport for my son I would need court order too, therefore if you could advice me what court order what form shall I use to apply , please?

Customer: replied 3 years ago.


they said as my son's is in the UK ( he has UK residence card ) he is uner UK law, therefore I need a court order to give a permission for my son's passport renewal without father's consent

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I have been asked to look at this for you
You need to ask the Embassy if they will accept an application from you alone of you held a Residence Order for the child
I understand that this is possible - but check first.
Assuming that this is what you need you can apply for a Residence Order in your local County Court using the form here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and paying the fee is £215.
You should also ask for a Specific Issues order that permits you to apply for the passport - all done on the same form and part of the same fee
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.


Clare


 


I'm not sure if residence order is what they need. The Polish Embassy requested Court Order to give permission for my son's passport without father's consent. How this compare to Residence Order then ...?Having residence order it allow me to apply for my son's passport without a father's consent..?

Expert:  Clare replied 3 years ago.
Hi
It is difficult to reconcile UK law and practice and Polish requirements
A UK Residence Order would enable a parent to obtain a Uk passport - however by asking for the Specific Issue Order as well this should give you the specific order that the Polish Embassy requires
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you